CONFIDENTIAL #2
機密
G.S. 166
Revocation of the franchise or of specified routes
5. What is the position under the Ordinance if CMB fails to provide a proper and efficient service, as, in the Commissioner's opinion, is the case? Then under S. 24(1)(a)
"If it appears to the Governor in Council that without good cause a grantee has failed, or is likely to fail, to maintain a proper and efficient service, either generally or in respect of any specified route..
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then after serving notice on the grantee and considering its representation, if any, and following the procedure laid down,
"....the Governor in Council may with effect from such date as he may specify revoke such right
<to the specified route....
....or may revoke the franchise".
Section 24(5) expressly states that:
"A grantee shall not be entitled to compensation in respect of the revocation of a right or a franchise under this section".
6. If the Governor in Council revokes a franchise (but not just a route), then pursuant to section 25, the Government may take possession
"for such period not exceeding one year as the Governor in Council may direct.....".
of any property of the grantee used by it for the purposes of its franchise. Such property may be used by the Government "or its nominee" in the operation of such omnibus service as the Commissioner thinks fit. But
"the grantee shall...
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.be entitled to compensation for the use by the Government or its nominee of any property of which possession has been taken”.
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CONFIDENTIAL #B
Page 330Page 331
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